SharpThinking No. 190 Perspectives on Developments in the Law from Sharp-Hundley, P.C. November 2020 High Court Reaffirms Successor Liability Rule By John T. Hundley, Sharp Thinking Editor Illinois’ traditional doctrine on corporate successor liability – not the federal doctrine on that subject – applies to claims arising under the Illinois Human Rights Act (775 ILCS…Read More
Banking Law Roundup Sharp Thinking No. 186 Perspectives On Developments In The Law From Sharp-Hundley, P.C. August 2020 One-Year Statute Controls TILA Rescission Suit A debtor’s right to file suit to rescind a mortgage under § 1635 of the federal Truth-In-Lending Act (“TILA”) (15 U.S.C. § 1635) should be subject to a one-year statute of…Read More
Litigation Law Roundup Sharp Thinking No. 185 Perspectives on Developments in the Law from Sharp-Hundley, P.C. July 2020 Court Limits Specific Jurisdiction Doctrine An Illinois court may not exercise specific personal jurisdiction over out-of-state defendants on behalf of out-of-state plaintiffs where the claims at issue do not “arise out of,” or “relate to,” the defendants’…Read More
Focus On Contract Law Sharp Thinking No. 184 Perspectives on Developments in the Law from Sharp-Hundley, P.C. July 2020 High Court Affirms Restore Decision; Holding Unclear By John T. Hundley, email@example.com The Illinois Supreme Court has affirmed the Appellate Court’s decision in Restore Constr. Co. v. Bd. of Ed. of Proviso Tp. H.S. Dist.…Read More
SharpThinking No. 183 Perspectives on Developments in the Law from Sharp-Hundley, P.C. June 2020 Appellate Court Tells Privilege Waiver Rules By John T. Hundley, 618-242-0200, firstname.lastname@example.org Selby v. O’Dea, 2020 IL App (1st) 181951, discussed on other points in Sharp Thinking No. 182 (May 2020), looks to…Read More
SharpThinking No. 182 Perspectives on Developments in the Law from Sharp-Hundley, P.C. May 2020 Courts Crack Down On Summary Judgment Affidavits By John T. Hundley, John@sharp-hundley.com Litigators frequenting Illinois state courts had best beware: the requirements for affidavits supporting and opposing motions for summary judgment increasingly are being interpreted strictly. That’s the message being…Read More
It’s a common practice in transactions involving big corporations and large sums of consideration.
To alleviate concerns about whether a party has authority to conduct the transaction, sophisticated
parties often ask for an opinion of counsel that the opposing entity has such authority and that all
required prerequisites have been met.
The bona fide error defense – a long standing but rarely successful part of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 et seq.) – had new life breathed into it by the Seventh U.S. Circuit Court of Appeals last month.Read More
Seemingly settled practice regarding the interplay of bankruptcy and foreclosure law was turned on its head late last month when the U.S. Court of Appeals for the Seventh Circuit held that a state court in a foreclosure case has jurisdiction and authority to enter a deficiency judgment against a debtor with a pending bankruptcy.Read More
The wage deduction provisions of the Illinois Code of Civil Procedure leave a circuit court with no discretion to deny a request for a wage deduction order on grounds of extreme hardship, a panel of the Appellate Court in Chicago held recently.Read More